Nov. 21—AUGUSTA — A Republican lawmaker from Sanford accused of choking his wife less than two weeks before Election Day won his seat in the Maine House by a single vote, following a hand recount Thursday.
The seat has been held by Rep. Lucas Lanigan, a Sanford Republican who was charged with aggravated domestic violence assault for allegedly choking his wife. He was challenged by Democrat Patricia Kidder.
The race for House District 141, which represents parts of Shapleigh, Newfield, Sanford and Springvale, ended in a rare tie on election night. A hand count on Thursday determined Lanigan won by a single vote, 2,478 to 2,477, over Kidder.
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The result was announced after lawyers from each party huddled for nearly two hours to discuss whether they agreed with the results.
There were two disputed ballots. One appeared to have been a test ballot that was accidentally included with real ballots and the other had both candidates marked, Secretary of State Shenna Bellows said.
House Minority Leader Billy Bob Faulkingham, R-Winter Harbor, said the one-vote margin shows that “every vote counts.” He said Republicans came within 60 votes of winning a majority in the House and 225 votes from winning 78 seats.
“I think the state of Maine has taken a major shift in our direction,” Faulkingham said.
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DOMESTIC VIOLENCE ALLEGATIONS
Lanigan is finishing his first term in the House. Less than two weeks before the election, he was charged with aggravated domestic violence assault, a Class B crime, after allegedly choking his wife during an argument.
The alleged assault took place 11 days before the election. An affidavit says Lanigan choked his wife after she confronted him about an affair. Police issued a warrant for his arrest and Lanigan turned himself in to police the following day.
He did not enter a plea at his first court appearance. His wife asked the judge and prosecutors to drop the charges, but Assistant District Attorney Linda Holdsworth-Donovan said victims regularly recant, sometimes because of pressure from the alleged perpetrators, and that the state was still pursuing charges against Lanigan. As of Thursday, the charge against Lanigan was still pending, according to a court clerk.
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Democrats quickly called on Lanigan to resign and drop out of the race, but Republicans stood behind him, saying he deserved to have his day in court before being judged.
Incoming House Majority Leader Rep. Matt Moonen, D-Portland, said Democrats continue to have concerns about Lanigan serving in the House while facing felony assault charges.
“The allegations are very, very serious,” Moonen said. “We are concerned about whether he should continue his service in the Legislature while those types of charges are pending. It is not ideal for the people of Shapleigh, Newfield and Sanford to have someone who is more focused on defending himself from criminal charges than representing their needs.”
Faulkingham agreed that the charges are serious, but said Lanigan deserves his day in court.
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“They’re very serious charges, obviously,” he said. “I think that’s what led to this being a very close race. But Rep. Lanigan has due process, and this will all get sorted out in court.”
Kidder appeared to win the seat on election night. But election officials in Sanford discovered a mistake in the tally. Once corrected, the race ended in a tie, with each candidate earning 2,476 votes.
More than half of the total votes were absentee ballots cast before Lanigan was arrested.
According to the secretary of state’s office, 1,306 absentee ballots were received before incident was reported, including 394 Republicans and 370 unenrolled voters.
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Bev Uhlenhake, chair of the state’s Democratic Party, noted that a significant portion of the votes came before reports of accusations against Lanigan and called the alleged incident “disturbing and disqualifying for anyone purporting to represent the people of Maine.”
“While Rep. Langian is entitled to his day in court; the people of Shapleigh, Newfield and Springvale deserve better,” Uhlenhake said in a statement Thursday night. “I call on Maine’s Republican Party & House leadership, Chairman Joel Stetkis & Minority Leader Billy Bob Faulkingham, to join me in demanding Rep. Lanigan’s immediate resignation from the Maine State House.”
Lanigan did not respond to voicemails or emails Thursday night requesting a response to calls for his resignation and his reaction to the tight race.
THE RECOUNTS
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The race is one of 11 recounts being conducted for state legislative races by the secretary of state’s office — an unusually high number. So far, six recounts have confirmed the election night winner — five Democrats and one independent.
A second recount involving Sanford candidates in House District 142 was canceled Thursday after Amy Bell, the Republican challenger to Rep. Anne-Marie Mastraccio, withdrew her request for a recount. Mastraccio led by 64 votes, with a margin of victory of 1.64%, slightly above the state’s threshold.
Democrats expect to hold at least 77 seats in the 151-seat House, enough to for them to maintain their majority. (Not including this race.) Republicans are expected to have 72 seats. And there are two independents, who won races against Republicans.
The recounts are being taking place in a spacious room with a dozen tables at the Department of Public Safety headquarters in Augusta. Republicans and Democrats have a representative at each table along with a state election official. Four tables are sorting ballots, while the other eight tables are conducting the recount.
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Lawyers from each campaign periodically bounced from table to table to determine voter intent on disputed ballots and those that may have been marked as an overvote by the tabulator.
Deputy Secretary of State Julie Flynn, who is the longest serving state election official in the country, said she has only seen one other tie in her nearly 30-year career — a primary in Yarmouth.
“It doesn’t get any closer than a tie,” Flynn said.
Staff Writer Daniel Kool contributed.
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How to get help
IF YOU or someone you know has experienced domestic violence, you can call the Statewide Domestic Abuse Helpline at 1-866-834-4357.
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FOR ASSISTANCE during a mental health crisis, call or text 888-568-1112. To call the Suicide and Crisis Lifeline, call 988 or chat online at 988lifeline.org.
TO LEARN more about domestic violence prevention and response in Maine, visit the Maine Coalition to End Domestic Violence website.
FOR OTHER support or referrals, call the NAMI Maine Help Line at 800-464-5767 or email helpline@namimaine.org.
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